BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

__________________________________________

)

Application of ) DOCKETS OST-1996-1303

) OST-1996-1304

AEROVIAS DE MEXICO, S.A. DE C.V. ) OST-1999-5716

) OST-2006-24083

for renewal of exemption authority ) OST-2011-0042

(Mexico-U.S. markets) )

__________________________________________)

APPLICATION OF AEROVIAS DE MEXICO, S.A. DE C.V.

FOR RENEWAL OF EXEMPTIONS

Communications with respect to this document should be sent to:

John R. Mietus, Jr.

Law Office of John Mietus, LLC

6701 Democracy Blvd., Suite 300

Bethesda, MD 20817-7500

(202) 747-5212

john@mietuslaw.com

Counsel for AEROVIAS DE MEXICO,

S.A. DE C.V.

NOTICE: Any person may support or oppose this application by filing an 

answer and serving a copy of the answer on counsel for 

Aeromexico and upon persons served with this application no 

later than April 7, 2014.

March 21, 2014
BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

__________________________________________

)

Application of ) DOCKETS OST-1996-1303

) OST-1996-1304

AEROVIAS DE MEXICO, S.A. DE C.V. ) OST-1999-5716

) OST-2006-24083

for renewal of exemption authority ) OST-2011-0042

(Mexico-U.S. markets) ) March 21, 2014

__________________________________________)

APPLICATION OF AEROVIAS DE MEXICO, S.A. DE C.V.

FOR RENEWAL OF EXEMPTIONS

Pursuant to 49 U.S.C. § 40109(c), Aerovias de Mexico, S.A. de C.V. 

("Aeromexico") respectfully requests renewal of its exemption authority to 

engage in scheduled foreign air transportation of persons, property, and mail 

in the following Mexico-U.S. markets as granted by the Notices of Action 

Taken in the dockets listed below:

Operating Market Docket (OST-) Notice of Action Taken

Aguascalientes-Los Angeles 1999-5716 March 29, 2013

Guadalajara-Fresno 2011-0042 March 28, 2013

Guadalajara-Sacramento 2011-0042 “

Hermosillo-Phoenix 1996-1303 “

Mexico City-Phoenix 1996-1304 “

Monterrey-Chicago* 2011-0042 “

Monterrey-Las Vegas 2006-24083 “

*Monterrey-Chicago only by code-share on flights operated by Aerolitoral,

S.A. de C.V. d/b/a Aeromexico Connect

Aeromexico requests that exemption authority for these markets be renewed 

for an additional, one-year period. Aeromexico intends to invoke the 
- 2 - Aeromexico

Renewal Application

automatic extension provisions of 5 U.S.C. § 558(c) and Part 377 of the 

Department's Special Regulations. In support of this application, Aeromexico 

states as follows: 

1. Aeromexico is a flag carrier of the United Mexican States and 

currently holds a permit, Order 91-5-25, and various exemptions which 

authorize service between Mexico and numerous U.S. points. Pursuant to 

this authority, Aeromexico provides extensive transborder service.

2. By this application, Aeromexico seeks renewal of its exemption

authority to serve the markets listed above. Exemption authority for these 

markets is scheduled to expire on March 28 or 29, 2014. As to each market, 

Aeromexico either is serving the market with nonstop flights (by code-share, 

in the case of Monterrey-Chicago) or wishes to maintain authority so that it 

can resume nonstop service should conditions warrant. Aeromexico’s services 

in Mexico-U.S. markets provide significant benefits to the traveling public. 

Consequently, Aeromexico seeks to renew the authority to serve all of these 

markets for an additional year.

3. Annex 1 to the 1960 Air Transport Agreement, as amended, between 

the United Mexican States and the United States provides that a carrier 

designated by the Government of Mexico is entitled to operate "[f]rom a point 

or points in Mexico to a point or points in the United States." Aeromexico 

understands that it remains designated to serve these markets (except 
- 3 - Aeromexico

Renewal Application

Monterrey-Chicago, for which it has been authorized by DGAC to provide 

service by code-share), and it continues to hold DGAC authority to provide 

service in those markets.0F

1/ 

4. Under 49 U.S.C. § 40109(c), the Department may grant exemption 

authority if it finds that a grant is consistent with the public interest. 

Designation of a carrier by its homeland government is the most significant 

factor in determining whether grant of an application is in the public 

interest. See, e.g., Bluebird Cargo Ltd., Order 2004-8-24 at 3-4; Fast Air 

Carrier Ltda., Permit Amendment, Order 82-2-66 at 3-4. Given Aeromexico's 

designation for these markets, such a public interest finding is warranted. 

Moreover, the benefits which Aeromexico’s services generate for business 

travelers, tourists, and shippers alike further demonstrate that renewal of 

the exemption authority is consistent with the public interest.

1/ Should a designation in any market have been withdrawn, however, 

Aeromexico requests that the Department defer action on the renewal 

request for that market while proceeding to renew the remaining authority.